Arizona Administrative Code

A. A notice and supporting documents shall be prepared according to the Administrative Procedure Act, Article 3. Rule Making and the requirements in this Chapter. B.Typesetting specifications. 1. Page layouts shall be set to use a one-inch margin. 2. A font size shall be no small…

A. Submission deadlines and a publication schedule are printed in the Register. Notices filed are published under this schedule. B.Filings are accepted during Office hours. Office hours are 8 a.m. to 5 p.m., Monday through Friday, except state holidays. The filing mailing address…

A.Agency certificates. An agency certificate is evidence that an agency head or agency head's designee reviewed and approved a rulemaking package. B.An agency certificate shall be prepared as specified in this Section. 1. An original and two copies of the certificates shall be fi…

A. A receipt, time- and date-stamped by the Office, is evidence a notice was filed. B. An agency shall prepare a receipt as outlined in this Section and specified under R1-1-103 . C.Two receipts shall be filed with every notice. D.The original receipt and copy shall be printed on…

To file: 1. In person at the State Capitol Executive Tower, 1700 West Washington, 7th Floor, Phoenix, Arizona; or 2. By inter-agency mail, use the address above; or 3. By mail the address is Secretary of State, Public Services Division, 1700 West Washington Street, 7th Floor, Pho…

The Office may edit and relabel the text of rules under A.R.S. § 41-1011. Notes Ariz. Admin. Code § R1-1-108 Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective Ma…

A. Agency Substantial Changes to Rules 1. Notice of Proposed Rulemaking. An Agency shall make a substantial change to rules in a Notice of Proposed Rulemaking by filing a Notice of Supplemental Proposed Rulemaking as outlined under R1-1-507 and A.R.S. § 41-1022(E). 2. Notice of E…

A. A rule becomes effective sixty days after a certified original and two copies of the rule and preamble are filed in the office of the secretary of state. A.R.S. § 41-1032. 1. The Council or the Attorney General may allow an effective date earlier than 60 days. 2. An agency may…

A. Documents filed with the Office under the Act are available for public inspection in the Office during regular office hours. Regular office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except state holidays. B. A person may request, during regular office hours, a c…

A. The fees for the Register, covering publication and distribution costs, are as follows: 1. For a one-year subscription to the Register in print format:a. For noncommercial use: $276. b. For commercial use: $5,500. 2. For a single issue of the Register or a single issue of the …

A. Upon request, complimentary paper copies of the Register and the Code shall be provided to:1. Governor: one copy; 2. Legislature: a. The Senate: six copies; b. The House of Representatives: six copies; c. The Department of Library, Archives, and Public Records: three copies; 3…

A. The Secretary of State shall publish the Register under A.R.S. § 41-1013. The Office shall include the schedule of publication dates and deadlines in each issue of the Register and shall make copies of the schedule available in the Office. The Office shall publish each documen…

Register contents shall include: 1. Public records listed under A.R.S. §§ 41-1013 and 49-112; and 2. Other documents as listed under R1-1-103(E). Notes Ariz. Admin. Code § R1-1-202 Adopted effective January 1, 1987 (Supp. 86-6). Amended effective October 27, 1988 (Supp. 88-4). Se…

A. An agency shall prepare a Notice of Rulemaking Docket Opening under A.R.S. § 41-1021 and this Section. B.The Notice of Rulemaking Docket Opening shall contain:1. On a centered line one inch from the top of the page, the heading in all capital letters, NOTICE OF RULEMAKING DOCK…

A. If an agency appoints a formal advisory committee to comment on a rule under consideration, the agency shall, at the time the committee is formed, submit to the Office for publication in the Register a Notice of Formal Rulemaking Advisory Committee. The notice shall contain th…

A. An agency seeking to delegate functions, powers, or duties shall submit to the Office a Notice of Proposed Delegation Agreement that contains the heading NOTICE OF PROPOSED DELEGATION AGREEMENT in all capital letters, centered on a line approximately one inch from the top of t…

A. If an agency schedules an oral proceeding, public workshop, or other meeting on a proposed rulemaking or an oral proceeding on a proposed delegation agreement after the Notice of Proposed Rulemaking or Notice of Proposed Delegation Agreement is submitted to the Office for publ…

A. An agency shall prepare and file a Notice of Agency Guidance Document under A.R.S. § 41-1013(B)(14) for publication in the Register. A Notice of Agency Guidance Document shall contain:1. On a centered line one inch from the top of the page, the heading in all capital letters, …

A. Under A.R.S. § 41-1013, the Council shall prepare a summary of Council action on: 1. A final rule approved under A.R.S. § 41-1052; or 2. An expedited rule approved under A.R.S. § 41-1053. B.The Council may summarize rules of one Chapter, one Subchapter (if applicable), or one …

A. An agency shall designate an agency ombudsman under A.R.S. § 41-1006. "Ombudsman" as used in this Section means the employee or employees designated by the agency to assist members of the public or regulated community. B. An agency shall prepare and file a Notice of Agency Omb…

A. The Office may establish new Titles in the Code and rearrange existing Titles and Chapters to ensure orderly development of the Code. The Office shall notify each agency whose rules are affected by any rearrangement. B. The first volume of the Code contains a Table of Contents…

A. The Code is published as specified under A.R.S. § 41-1012(B). 1. A Code publication schedule is printed in the Register. 2. A free copy of the schedule is available upon request. B. The Code is updated quarterly . A supplement contains final, expedited, emergency, and exempt r…

Rulemaking notices and supporting documents shall be prepared, drafted, and filed in accordance with this Chapter, the APA, and be consistent with the recommendations in the Arizona Rulemaking Manual. Notes Ariz. Admin. Code § R1-1-401 Adopted effective January 1, 1987 (Supp. 86-…

A. The Office shall arrange and classify the subject matter of the Code according to a system of Titles. The Titles are divided into Chapters. The heading of a Chapter containing rules of one major program or subject specifies both the name of the agency and the program or subjec…

A. A Section number is preceded by the letter "R". B. A hyphenated numbering system is used in the Code. 1. A Section number includes the "R", the Title number, the Chapter number, the Subchapter label (if applicable), and the Section number indicating the Article number and the …

A. If an agency renumbers one or more Sections at the time the agency amends other existing Sections: 1. The table of contents for the rulemaking package shall show the old number of the Section with strike-outs and the new number with underlining.a. If an agency makes a new Sect…

An agency shall request, in writing or orally, and receive the Office's permission before inserting a new Section between two existing, consecutively numbered Sections. The agency shall number the new Section using the Section number of the preceding existing Section, followed by…

If an agency repeals or renumbers all Sections in a Chapter, or if all Sections in a Chapter expire, the agency shall not use the Chapter number for one year. Notes Ariz. Admin. Code § R1-1-406 Adopted effective January 1, 1995; filed in the Office of the Secretary of State Decem…

If an agency requests that the specific or general authority for a Chapter, Subchapter, Article, or Part be published in its rules in the Code, the agency shall include an authority note under which the rules in that Chapter, Subchapter, Article, or Part were made. This note appe…

A. The divisions of a Chapter (Title, Chapter, Subchapter (if applicable), first Article, and first Part (if applicable)) and their labels and headings shall appear above the Section number and heading of the first Section in a rulemaking package. An agency shall center on each l…

A. Citations to the Register shall include the volume and page number, the abbreviation "A.A.R.", and the issue date. For example, 7 A.A.R. 1325, March 23, 2001. B. Citations to the Code shall include the Title, Chapter, Subchapter, Article, Part, and Section, as applicable, and …

A. An agency may provide for the automatic repeal of a Section, in the Section being automatically repealed, by including the day, month, and year of the automatic repeal. This automatic repeal shall be used to repeal only an entire Section. The information specifying the automat…

A. An agency including tabular materials, illustrations, diagrams, figures, and other supplementary material in rules shall label them as Appendices, Exhibits, Illustrations, or Tables. An agency shall use supplementary material to make a rule understandable by persons affected b…

A. Rules may contain statutory language that repeats verbatim existing statutory authority granted to the agency. B. If an agency repeats statutory language within the text of a rule, the statutory language shall appear in italics, and the statutory citation shall appear after th…

A.An agency may incorporate by reference materials as specified under A.R.S. § 41-1028. B. If an agency determines the materials meet the standards to incorporate them by reference under A.R.S. § 41-1028, it shall cite the name of the incorporated by reference materials in rule. …

A. An agency shall list rulemaking actions in the preamble of a rulemaking package as specified in R1-1-502(B)(5) and as required in R1-1-103. B. Article or Part Headings Actions: 1. An agency that strikes text in an Article or Part heading in its entirety, with active Sections r…

An agency preparing to make rules for the first time shall contact the Office, orally or by letter, for assignment of a Title and Chapter number within the codification system. An agency that already has at least one Chapter on file shall contact the Office, orally or by letter, …

A. If an agency determines a proposed new Section, an amendment to a Section, a repeal of an existing Section, or a renumber of a Section, meets the provisions of A.R.S. § 41-1022 and the Act, the agency shall prepare and file a Notice of Proposed Rulemaking as prescribed in this…

The public comment period for a proposed rule begins on the day the rule is published in the Register. An agency shall allow a minimum of 30 days for public comment after publication. After the end of the public comment period, an agency may hold an oral proceeding. Notes Ariz. A…

A. An agency may refer to the publication schedule of the Register when scheduling an oral proceeding. An agency shall hold an oral proceeding no earlier than 30 days after the Office publishes the notice of proposed rulemaking in the Register under A.R.S. § 41-1023. The Office s…

The close of the record for a proposed rule occurs on the date the agency chooses as the last date it will accept public comments. An agency shall not complete a rulemaking until the record is closed. Notes Ariz. Admin. Code § R1-1-505 Adopted effective January 1, 1995; filed in …

A. To terminate a proposed rulemaking at any stage of the rulemaking process before the final rules are filed with the Office, an agency shall file with the Office one original and two copies of a Notice of Termination of Rulemaking. The agency shall attach the original and two c…

A. If an agency determines it meets the requirements of A.R.S. § 41-1022(E) and that a filed and published proposed rule requires substantial change due to either internal review or public comments, the agency shall prepare and file a Notice of Supplemental Proposed Rulemaking as…

A. If an agency's rules are subject to review by the Council, the agency shall submit its final rulemaking package to the Council within 120 days after the close of record. After the Council approves the final rulemaking package, the Council shall submit the agency's final rulema…

A. If an agency determines it meets the requirements of A.R.S. § 41-1024 and other requirements in the Act an agency shall prepare a Notice of Final Rulemaking as prescribed in this Section. B. A Notice of Final Rulemaking shall contain:1. On a centered line one inch from the top…

A. If an agency determines a proposed new Section, an amendment to a Section, or a repeal of an existing Section meets the emergency provisions of A.R.S. § 41-1026, the agency shall prepare a Notice of Emergency Rulemaking as prescribed in this Section. B. A Notice of Emergency R…

A. If an agency determines it meets the requirements of A.R.S. § 41-1027 and other requirements in the Act an agency shall prepare a Notice of Summary Rulemaking as prescribed in this Section. B. A Notice of Proposed Summary Rulemaking shall contain: 1. On a centered line one inc…